Essential Question
What Are the Philosophical and Historical Foundations of the American Political System?
Unit Overview
Lesson 1: What Did the Founders Think about
Lesson 2: What Ideas about Civic Life Informed the
Lesson 3: What Historical Developments Influenced
Rights?
Lesson 4: What Were the British Origins of American
Lesson 5: What Basic Ideas about Rights and Constitutional
Americans Hold?
Lesson 6: Why Did American Colonists Want to Free
Lesson 7: What Basic Ideas about Government and Rights
Include?
Constitutional Government?
Founding Generation?
Modern Ideas of Individual
Constitutionalism?
Government Did Colonial
Themselves from Great Britain?
Did the State Constitutions
Unit 1 Purpose
This unit provides an overview of some important philosophical ideas and historical events that influenced the
writing of the Constitution.
This unit also offers a frame of reference and basis for understanding the other units in this text.
Following this unit, you will appreciate why our history as a people has been a great adventure in ideas and in
trying to make these ideas a reality.
Lesson 1 Purpose
This lesson introduces the basic ideas and experiences the founding generation drew on to create the kind of
government they believed would best protect natural rights and the common good.
Participation in colonial self-government and early America’s diversity fostered rich dialogue about the
purpose of government and how it should be organized.
Lesson 1 Objectives
Describe the diverse features of the early American colonies and their populations.
Explain what the Founders learned about government from history and their firsthand experiences of
government and how this shaped their thinking.
Explain the meanings of the terms “constitution” and “constitutional government” and describe the forms of
constitutional governments.
Evaluate, take, and defend positions on
the sources that should be consulted if a new constitution were written today.
whether the founders’ concerns about abuse of power are still valid.
the importance of written Constitutions.
Lesson 1 Terms & Concepts
constitution
A plan of government that sets forth the structures and powers of government. In democracies, a
constitution is an authoritative law through which the sovereign people authorize a government to be
established and grant it certain powers.
constitutional government
Limited government; the rule of law. A form of government in which a written, unwritten, or partly
written constitution serves as a higher or fundamental law that everyone, including those in power,
must obey. The rule of law is an essential feature of constitutional government.
democracy
Literally defined as "rule of the people," democracy is a form of government in which all citizens
exercise political power, either directly or through their elected representatives.
forms of government
(1) Aristotle's idea of three forms of government based on the number of people exercising power.
Each has a "right" form and a "corrupt" form. The right form of government by a single person is a
"monarchy." The right form of government by a few people is an "aristocracy." And the right form of
government by many people is called "polity." (2) Types of democratic governments. For example,
parliamentary systems, such as those of Britain and India; separation of powers systems, such as that
of the United States; and presidential systems, such as that of France. (3) General forms of
government, such as monarchies, republics, and autocracies.
Lesson 1 Terms & Concepts
limited government
In natural rights philosophy, a system restricted to protecting natural rights that does not interfere
with other aspects of life. More generally, limited government is constitutional government governed
by the rule of law. Written or unwritten constitutions are used to empower and limit government.
Parliament
The British legislature, which consists of two houses: the House of Lords, which once represented the
nobility, and the House of Commons, which formally represents the common people. Most members
of the House of Lords are appointed for life by the government of the day and are not members of the
hereditary aristocracy, who once dominated it.
republic
According to James Madison, a form of government that derives its powers directly or indirectly from
the people, is administered by officials holding power for a limited time, and incorporates
representative institutions.
unwritten constitution
The body of political practices developed through custom and tradition. Only three of the world's
major democracies have constitutions that are not single, written documents: Britain, Israel, and New
Zealand. In each of these nations, the constitution is a combination of written laws and precedents.
written constitution
A written plan of government that sets forth the structures and powers of government.
Characteristics of Colonial America
Europeans first settled two centuries before the Treaty of Paris (1783)
Native American Population on the Decline (war, disease)
Diverse European backgrounds (German, French, Dutch)
Came for religious (Puritans) and economic (Jamestown) reasons
Characteristics (cont…)
Vast estates in Middle to South, smaller towns in New England
Southern farms grew export crops, were larger with many more slaves
New England – subsistence farming, livestock, local markets
How Did The Founders Learn About Government?
Read classical texts about gov’t & politics (Aristotle)
Studied newer 16th & 17th c. philosophers (Locke)
Also fell back on 150 years of local self-government
Free white men served on juries, attended town meetings, and voted in local elections
What did the Founders Learn?
Government should be a servant, not the master, of the people
A fundamental higher law, or constitution, should limit government
Forms of Government
Aristotle’s forms of government
Rule of One= Monarchy (corrupt = Tyranny)
Rule of Few= Aristocracy (corrupt = Oligarchy)
Rule of Many= Polity (corrupt = Democracy)
Aristotle feared that in a direct democracy, the poor would seize the wealth of the rich through warfare
Founders favored a representative (republican) form of government
What is a Constitution?
Def: A plan that sets forth the structure and powers of a government
Constitutional government also means limited government
Government limited by the provisions of the constitution
Written Constitutions are controversial since it involved interpretation, change, and the power of who has the
final say
Characterizing Higher Law
Different from legislative statute in following ways:
Sets forth basic rights of citizens
Establishes responsibility of the gov’t to protect those rights
Establishes limitations on gov’t power regarding rights, distribution of resources, and conflict
management
Can be changed only with consent of the people and according to established procedures
Characterizing Higher Law
Different from legislative statute in following ways:
Sets forth basic rights of citizens
Establishes responsibility of the gov’t to protect those rights
Establishes limitations on gov’t power regarding rights, distribution of resources, and conflict
management
Can be changed only with consent of the people and according to established procedures
Lesson 2 Purpose
People’s judgment about government may reflect ideas about human nature, the proper function and scope
of government, the rights of individuals, and other values.
Political philosophers have discussed these matters for thousands of years.
This lesson examines important concepts such as the common good, civic virtue, the state of nature, natural
rights, consent, and the social contract.
Lesson 2 Objectives
Describe how and why natural rights philosophy differs from classical republicanism.
Describe how both systems of thought influenced the founding generation.
Explain challenges society faces when it strives to preserve the rights to life, liberty, property, and the “pursuit
of happiness,” while also promoting the common good and civic virtue.
Evaluate, take and defend positions on
the importance of civic virtue today.
the role of political philosophy in thinking about government.
Lesson 2 Terms & Concepts
civic virtue
The dedication of citizens to the common welfare of their community or country, even at the cost of
their individual interests. Traditionally considered most relevant to republics, since republican citizens
are responsible for the well-being of their country.
classical republicanism
The ideals and practices of ancient Greek or Roman city-states that emphasized civic participation and
the responsibility of citizens for the well-being of their polity, or country. Acts by citizens that placed
the public good, or common welfare, above private interest were especially prized.
common good
The good of the community as a whole, as contrasted with private interests that may conflict with
public interest. Also known as the public good.
consent of the governed
Agreement by citizens to obey the laws and the government they create. Consent is the foundation of
government's legitimacy.
Lesson 2 Terms & Concepts
divine right
The idea prevalent in early modern Europe that monarchs derive their authority directly from God.
Adherents to this doctrine claimed that to disobey such monarchs, to attempt to replace them, or to
limit their powers is contrary to the will of God. Also known as the divine right of kings.
inalienable rights
Fundamental rights inherent to being human that every person therefore possesses that cannot be
taken away by government or another entity. This phrase was used in the Virginia Declaration of
Rights and the Declaration of Independence.
natural rights
The doctrine that people have basic rights, such as those to life, liberty, and property in a state of
nature. Some writers, especially those influencing the American Founders, argued that certain of
these rights are inalienable-inherent in being human-and that people create governments to protect
those rights.
political legitimacy
Acceptance by the governed that the claim to authority by those who govern is justified. In
democratic societies, legitimacy is achieved only when those who govern gain power through the free
consent of the governed in free and fair elections.
popular sovereignty
The natural rights concept that ultimate political authority rests with the people.
Lesson 2 Terms & Concepts
pursuit of happiness
An "unalienable" right stated in the Declaration of Independence. It is the right of Americans to
pursue personal fulfillment in their own way, so long as they do not infringe on the rights of others.
Within certain limits, this right denies the legitimacy of government to decide what kind of happiness
one ought to seek.
right to revolution
The right of the sovereign people of any democratic state or regime to depose a government after it
has attacked citizens' basic rights for a significant period of time. This right, espoused by English
philosopher John Locke, was asserted in the Declaration of Independence to justify separation from
Britain and the overturning of the authority of King George III.
social contract theory
Presumption of an imaginary or actual agreement among people to set up a government and obey its
laws. The theory was developed by the English natural rights philosopher John Locke, among others,
to explain the origin of legitimate government.
state of nature
The condition of people living in a situation without government; anarchy. Natural rights philosophy
inquired about what rights, moral rules, or laws applied in such circumstances and what rights, if any,
people retained after agreeing to leave the state of nature to form a politically organized society or
state.
The Founding Generation’s Values
Classical Republicanism (Ancient Rome)
Place the needs of people as a community above individual liberty and self-determination (Promoting
the common good)
Three Main Aspects of Classical
Republicanism
Small, uniform communities
Good gov’t is only possible in
small communities because people
are able to know and care for one other
and discern the common good.
The Founding Generation’s Values (Cont…)
Citizenship & Civic Virtue
Citizens should set aside personal interests to promote common good. (ex. Cincinnatus /
Washington)
Moral Education
Children must learn
rituals & values of society
skills to speak & reason well
Values of civic virtue
Skills to participate in political debate
The Role of Philosophy in the Study of Gov’t
New philosophies challenges Divine Right of Kings in 1600s
Idea that monarchs derive their authority to rule from God
New thinkers suggested that self-government was required for social peace and a just society.
Natural Rights philosophy suggest what life would be like in a complete state of nature (no government)
Natural Rights Philosophy
Social Contract Theory
17th c. - Thomas Hobbes proposes that people enter a contract with government to maintain
stability & peace.
John Locke
People possess inalienable rights (life, liberty, property)
Government protects natural rights, but can be replaced if it fails to protect those rights
Natural Rights’ Influence on the Founders
Individual Rights
Inalienable rights exist regardless of wealth, social status, or birth.
Popular Sovereignty
The government derives its authority from the people. (social contract)
People have the right to create whatever government they feel is best.
Limited Government
Authority is limited by the purpose for which government is created.
Human Equality
All people are free from another’s control and are equal to another.
Colonial American enjoyed more social equality than Europe, but huge social inequalities remained.
(SLAVERY)
Lesson 3 Purpose
The previous lessons explored philosophical ideas that shaped the Founders’ thinking about constitutional
government and civic life.
This lesson examines important historical developments that also influenced their ideas.
Lesson 3 Objectives
Explain the differences between classical republican and Judeo-Christian ideas about the importance of the
individual.
Explain how certain historical development influenced modern ideas about government, constitutionalism, and
individual rights.
Evaluate, take, and defend positions on
Approaches to theories of morality
The importance of the rise of capitalism
How the enlightenment inspired the founders.
Lesson 3 Terms & Concepts
capitalism
An economic system in which the means of producing and distributing goods are privately owned and
operated for profit in competitive markets.
city-state
A politically independent community consisting of a city and its surrounding territory.
feudalism
A system of social, economic, and political organization in Europe from the ninth to about the
fifteenth century in which a politically weak monarch shared power with the nobility. The nobility
required work and services from the common people, known as serfs, in return for allowing them to
live on and make use of the noble's land and benefit from the noble's protection.
Judeo-Christian
Ideas, beliefs, and practices that have their historical roots in Judaism and Christianity.
Lesson 3 Terms & Concepts
nation-state
As currently used, a country; the standard unit of political organization in the world. The nation-state
received its name from the idea of a people, or "nation," organizing itself politically for self-rule. Many
countries today, however, are composed of two or more distinct peoples.
private morality
An individual's ideas about right and wrong to be practiced in one's personal life. These are derived
from religious, philosophical, familial, and other sources, including individual conscience.
public morality
The values and principles of right and wrong pertaining to public policies and actions.
Judeo-Christian Heritage of Human Rights
Greek & Roman = Public Morality
Virtues important for acting in the community
Judeo-Christian = Private Morality
Virtues of inner faith & obedience to God
Christian teaching of individual dignity & worth contributed to Founders’ belief in individual rights
The church was a major unifying social institution during the Middle Ages, however…
Political loyalties remained local
No nations (in modern sense) to compete for loyalties
European Concepts of the Individual & Society (Middle Ages)
Feudal Society
Highly fragmented, isolated communities
“Land for service”
Class system with strict rights & responsibilities (Royalty, serf)
Hierarchical – no equality among groups and classes
Social relationships were permanent & hereditary
Property only gained or passed on through inheritance
No concept of natural rights belonging to individual
The Renaissance
“Rebirth” – period marked by revival of intellectual life in Europe (14th c.)
Educated people rediscover ancient Greek & Roman culture & teachings
Protestant Reformation & printing press encourage people to read and form opinions for themselves
This spirit developed into modern individualism
Many begin to challenge authority of the church and established institutions
Rise of the Nation-State
1648 – Peace of Westphalia: national sovereignty was agreed upon among several nation-states
Each “nation-state” had a right to an independent existence with its own institutions (gov’t & religion)
People begin to think of themselves as members of a nation, with public rights and duties.
Political thought now shifted to what kind of gov’t would be best.
Capitalism – The New Economic System
The means of producing and distributing goods and services became privately owned and operated for profits
in competitive markets
More choice of occupations, shifting attention to private interests (away from common good)
The Enlightenment
18th c. period of scientific & intellectual movement
Philosophers embrace scientific reasoning (Locke, Hobbes) in study of government
Ideas founded on notion that human behavior could be understood, predicted, and controlled
Founders believed that through reason, observation, and the study of philosophers’ writings, they could
understand the workings of government and social institutions.
Lesson 4 Purpose
This lesson describes the evolution of British constitutional government.
It examines the early stages of English government in the feudal period.
It also traces the development of representative institutions in England, English common law, the relationship
between legal and constitutional structures, and the difference between British and American
constitutionalism.
Lesson 4 Objectives
Explain how rights and representative government evolved in England and how this evolution influenced the
Founders.
Identify the origins of some of Americans’ most important constitutional rights.
Evaluate, take, and defend positions on
The influence of the Magna Carta on the development of rights.
The importance of habeas corpus and trial by jury.
Lesson 4 Term & Concepts
Common Law
The body of unwritten law developed in England from judicial decisions based on custom and earlier
judicial decisions. Constitutes the basis of the English legal system and became part of American law,
except in Louisiana, which inherited its civil law system from France.
Magna Carta
King John of England agreed to this document in 1215… The Magna Carta granted certain civil rights
and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the
guarantee against loss of life, liberty, or property except in accordance with law. Some rights were
guaranteed for all the king's subjects, free or not free. In doing so, the Magna Carta limited the power
of the king, who agreed that his will could be bounded by law, and became a landmark in the history
of constitutional government
Precedent
Previous court decisions upon which legal issues are decided.
Redress of Grievances
The correction of complaints. The First Amendment protects the right of the people to petition
government to obtain remedies for claimed wrongs.
Lesson 4 Terms & Concepts (Continued)
Rights of Englishmen
Refers to certain historically established rights, beginning with the rights of the Magna Carta, that all
English subjects were understood to have. These included the right not to be kept in prison without a
trial, the right to trial by jury, security in one's home from unlawful entry, and no taxation without
consent, among others.
Rule of Law
The principle that both those who govern and those who are governed must obey the law and are
subject to the same laws. This principle is contrasted to the "rule of men," in which those in power
make up the rules as they please. The rule of law requires an independent judiciary that is immune
from political or other manipulation.
Stare Decisis
Latin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous
decisions of other courts on cases in which the facts are substantially the same. This principle plays a
key role in common law systems such as those of Britain and the United States.
Writ of Habeas Corpus
Latin: "You shall/should have the body." A court order directing that a prisoner be brought to court
before a judge to determine whether that prisoner's detention is lawful.
Roots of English Government
After fall of the Roman Empire, England divided into tribes
1066 – William the Conquer unites tribes into a single Kingdom. (Establishes Feudalism)
English monarch
Made laws
Supervised law enforcement
Heard court cases
Defended the kingdom
The kings advisers evolved into
Parliament & the Royal Court
Parliamentary Government Begins
1295 - Edward I summons “Model Parliament”
2 Representative Parts (Houses)
House of Lords: Nobility & Church officials
House of Commons: Citizens & Knights (w/ wealth & status)
For monarchs, Parliament was a convenient way to negotiate with all of the country’s interests at once
English subjects found it to be an effective way to voice grievances & limit monarchs power
The Development of “Common Law”
To simplify complicated web of local legal systems, William the Conqueror creates a common law for entire
kingdom
Judges required to publish decisions (creates precedents used to decide future cases)
This system establishes predictability and stability to laws
The “Rights of Englishmen”
Rights of Englishmen
Over time, monarchs and judges came to recognize certain personal rights (trial by jury of one’s
peers)
Magna Carta (1215) – King John forced to sign a charter confirming certain traditional rights
Rule of Law
Every member of society (even Monarch) must obey laws
Outlaws arbitrary government
Basic Rights
Establishes redress of grievances (compensation for loss or wrong done to those if the Crown
infringes on their common law rights)
Government by Contract
Established principle of drawing up agreements between parties as a basis for legitimate
government
The British Constitution
Not a single document, instead consists of common law, important acts of Parliament, and tradition.
Important documents include Magna Carta (1215), Petition of Right (1628), English Bill of Rights (1689).
Habeas Corpus Established
Government must justify why a person is held in custody.
Limits government from jailing persons arbitrarily or indefinitely
English Bill of Rights
Influences on Founders
Rule of Law
Restated idea in Magna Carta that rule of law is the foundation of limited government
Representative Government
Only representative government is legitimate
Americans reject representation by social classes, instead favoring the idea of social equality
Lesson 5 Purpose
This lesson describes how basic ideas of Constitutional government were developed and used in the American
colonies before independence.
It also explains how social and economic conditions in America sometimes required old ideas about
government to be adapted or discarded.
Occasionally the colonists needed to create entirely new institutions.
Lesson 5 Terms & Concepts
Charter
A written document from a government or ruler that grants certain rights to an individual, group,
organization, or to people in general. In colonial times, a charter granted land to a person or company
along with the right to found a colony on that land.
Constituent
A person represented by an elected official.
Covenant
A binding agreement made by two or more persons or parties. In Protestant churches during the
Reformation, a covenant was an agreement made in the sight of God. The Mayflower Compact was
such a covenant.
Indentured Servant
A person who voluntarily sold his or her labor for a set period of time in return for the cost of passage
to the American colonies. Indentured servants provided the most important source of labor in the
colonies in the seventeenth century and for a large part of the eighteenth century.
Lesson 5 Terms & Concepts (Continued)
Magistrate
A lower-level judicial officer, usually elected in urban areas, who handles traffic violations, minor
criminal offenses, and civil suits involving small amounts of money. More generally, magistrate means
public official.
Mayflower Compact
An agreement to form a political body signed on November 21, 1620, by all adult males aboard the
Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just
and equal Laws" put into effect under the compact "for the general good of the Colony."
Suffrage
The right to vote.
Lesson 5 Objectives
Describe the early development of America’s traditions of constitutional government.
Explain why American colonists attached special importance to such constitutional principles as written
guarantees of basic rights and representative government.
Evaluate, take, and defend position on
The differences between life in colonial American and in England during the same period.
The relationship between natural rights theory and slavery in America
How natural rights philosophy and history help to explain the colonists’ views of the proper role of
government.
Colonial Settlements =
Constitutional Experiments
England provided two incentive plans for settlers
Royal Proprietorship (11 of 13 colonies)
Land given to friends of the king
Proprietors then found ways to lure settlers to their colony
Joint-Stock Company (Virginia)
Land given to companies in order to generate profits (business)
Mayflower Compact
Pilgrims lay foundation for Massachusetts gov’t
Early example of social contract theory
The Unique American Experience
Higher wages and more land available
Colonists ignore many English land customs (primogeniture: land passed down to eldest son)
Wealth & family name did not mean automatic success / Ambition & hard work as, if not more, important for
success
The chance to improve one’s life became a fundamental ideal of America
The Rights of Colonial Charters
Many royal charters (written documents that granted rights) echo ideals of Magna Carta
Tradition of expressing rights in writing became an essential part of American constitutions
Examples of rights granted
Habeas Corpus
Trial by Jury
Right to own property
Avoid self-incrimination
Free from cruel & unusual
punishment
Whose Rights Were Excluded?
In some colonies the following rights were restricted
Only Protestant White Men could vote
Women not granted political rights
½ to 2/3 immigrants were indentured servants (similar to slavery until period of indenture ended)
Native Americans treated as foreigners, often removed from land
African slavery
1760 - 20% of population
Treated as property, denied basic human rights
Colonial Ideas of Constitutional Gov’t
Fundamental Rights
Started as fundamental rights of Englishmen
Developed into protections under natural rights philosophy
Rule of Law
Government official must obey the laws and could not exercise power arbitrarily
Separation of Powers
Legislatures – Make laws
Governors - Enforce laws
Courts – Interpret laws
Colonial Governments:
More Representative Than Britain?
Property requirements for voting
Land in American relatively easily to obtain, so % of eligible voters larger than in England
Colonial legislatures served shorter terms, meaning more voter choice
Members of colonial legislatures needed to live in the district they represented, unlike England
Lesson 6 Purpose
The growth of the American colonies raised issues with Great Britain that were difficult to resolve peacefully.
This lesson describes the circumstances that produced the Declaration of Independence and the major ideas
about government and natural rights included in that document.
Lesson 6 Objectives
Describe the British policies that some American colonists believed violated basic principles of constitutional
government and their rights as Englishmen.
Explain why Americans resisted those policies and how that resistance led to the Declaration of Independence.
Evaluate the arguments that the colonists made to justify separation from Great Britain.
Evaluate, take, and defend positions on
Violations of colonists’ rights before the Revolution.
Important questions about the meaning and implications of the Declaration of Independence.
Lesson 6 Terms & Concepts
Compact
A formal contract or agreement between or among two or more parties or states. (ex. The Mayflower
Compact of 1620)
Law of Nature
In natural rights philosophy, moral rules found out by correctly applied reason or right reason, telling
persons what they may and may not do in various circumstances. In philosophy, laws of nature have
often referred to the rules that would prevail in the absence of man–made law. Natural law is
conceived to contain standards of justice that apply to all people.
Sovereignty
The ultimate, supreme power in a state. Democratic theory states that the people as a whole are
sovereign; the citizens of the United States constitute the sovereign people.
Writ of Assistance
A document giving a governmental authority the power to search and seize property without
restrictions. Abolished in American law, the use of such writs by the British government was a major
issue during some phases of the American Revolution.
A Change in British Policy
Generations of colonists had little interference from British government in their daily affairs.
However, in 1763
Britain wants colonists to help pay for war w/ French (7 Years War, 1756-1763)
Proclamation Act ‘63– Bans colonial settlements west of Appalachians
Stamp Act ’65 – New taxes on colonists to raise revenue
Quartering Act ‘65 – Required colonists to shelter British troops in their homes
Colonial Resistance
New restrictions & taxes caused some economic hardship & challenged colonists’ understanding of
representative government.
“No taxation w/o representation.”
Sons of Liberty help organize popular resistance.
Rarely used violence, but political agitation precipitated crowd action.
Colonial Resistance (Continued)
’66 – Parliament repeals Stamp Act, but passes Declaratory Act, which asserts Britain's full power &
authority over colonies.
Parliament offers Writs of Assistance to officials to search & seize colonial property.
‘70 – Clash between British Troops and colonists, 5 colonists killed (Boston Massacre)
’73 – Colonists protest Tea Act by dumping 45 tons of tea into Harbor (Boston Tea Party)
British Respond with “Intolerable Acts”
Closed Boston Harbor, granted more power to Royal Governors, limited town meetings, authorized
British troop occupation
Organized Resistance
‘74 – Colonial representatives meet in Philadelphia , vote to ban trade w/ Britain (1st Continental Congress)
Radical colonists plan to overthrow gov’t since it no longer protected colonists’ rights. (Minutemen)
‘75 – British march to Concord, MA to seize hidden arms & ammunition & arrest Patriot leaders
Revere rides through countryside
warning that …
“Shot heard round the world…”
REVOLUTION BEGINS!
Purpose of the Declaration
Continental Congress appoints committee to prepare a declaration of independence from Britain
Jefferson’s draft rejects the British government’s sovereignty over the colonies
The Founders knew it was important to justify this action to other nations and to identify the basic principles
of a legitimate government
The Declaration’s Main Arguments & Ideas
The Declaration renounces the monarchy and appeals to natural rights common to all
Asserts ideal of popular sovereignty
Natural Rights
Constitutions & governments cannot violate them
Social Contract
Human Equality
Humans are politically equal, neither God nor nature appointed some at birth to rule over others
Government by Consent
People grant consent to gov’t to protect natural rights
The Declaration’s Main Arguments & Ideas
“A Long Train of Abuses”
Destroying colonial legislatures
Limiting role of colonial judges
Keeping standing British armies in peacetime
Quartering soldiers among civilian population
Imposing taxes without colonial consent
Depriving colonists trial by jury
Changing constitutions of colonial government
Right of Revolution
If British government has become corrupt and fails to perform its proper duties, colonist have right
to establish their own free and independent nation
Lesson 7 Purpose
After declaring Independence, the Founders designed new state government to protect individual rights and
promote the common good
This lesson shows how the Constitution of Massachusetts in particular was designed to achieve these ends.
It also shows how State constitutions served as a model and had great influence on the development of the
U.S. Bill of Rights.
Lesson 7 Terms & Concepts
Checks & Balances
In American constitutional thought, distributing and balancing the powers of government among
different branches so that no one branch or individual can completely dominate the others.
Legislative Supremacy
A system of government in which the legislative branch has ultimate power. Parliamentary
government is such a system.
Veto
The right of a branch of government to reject a proposed law that has been passed by another branch
in an effort to delay or prevent its enactment. Under the U.S. Constitution, it is the power of the
president to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law
Lesson 7 Objectives
Explain the basic ideas about government and rights that are included in state constitutions.
Explain how the experiences of the states in developing their constitutions and bill of rights influenced the
framing of the US Constitution and Bill of Rights.
Evaluate, take, and defend positions on
The theory of legislative supremacy.
The importance of the Virginian Declaration of Rights, and the role of declaration of rights in early
state constitutions.
The Colonies’ Status Following the Declaration
States were not yet a “country,” only united by fight against Great Britain
Between ‘76 – ’80, each stated adopted a new constitution
All based upon natural
rights, rule of law,
republicanism, and
constitutional gov’t
Basic Ideas of State Constitutions
Higher Law and Natural Rights
Constitutions limit governmental power
Purpose of gov’t is to protect natural rights
Social Contract
Each constitution created through an agreement w/ the people
Popular Sovereignty
Ultimate governing authority rests with the people
Representative Government
All legislature composed of representative elected by voters
Basic Ideas of State Constitutions
Legislative Supremacy
Legislatures (makes laws) most powerful branch
Leg. Most capable of reflecting will of the people
Executive (enforces laws) is less accountable to people and should not be trusted with too much
power
Judiciary (judges) should not be trusted w/ too much power either
Checks & Balances
Parts of each legislature checked (limited) power of other
Usually done through multiple houses (House of Reps & Senate)
How Did Massachusetts Differ?
Strong Executive
Governor popularly elected
Governor’s salary was fixed (could not be changed by Leg.)
Governor could revise laws, appoint Leg. officials and judges
Representation of Various Economic Classes (Classical Republicanism)
Large Property Owners = Can elect governor (Executive)
Mid-level “ “ = Can elect upper house members (Legislative)
Low-level “ “ = Can elect lower “ “ “ “
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The Virginia Declaration of Rights
Listed specific rights of the people, including:
Freedom of the press
Rights of criminal defendants
Gov’t cannot deprive natural rights
All power is derived & kept by the people
Gov’t is instituted for common benefit, protections, and security. If not, it can be abolished. (Class.
Repub., Social Contract)
Freedom of religion